DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,712

EMERSON MOTOR COMPANY
D/B/A/ HURST MANUFACTURING
INDUSTRIAL MOTOR DIVISION
PRINCETON, INDIANA

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on January 22, 2008, in
response to a petition filed by a company official on behalf of
workers of Emerson Motor Company, d/b/a Hurst Manufacturing,
Industrial Motor Division, Princeton, Indiana. Workers at the
subject firm produce precision electric motors, specifically sub-
fractional synchronous and stepper electric motors, and AC
induction geared motors. The workers are not separately
identifiable by product.
The investigation revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.B.) have not been met.
The petitioner asserts the subject firm has lost business
related to the firms' sales of AC induction geared motors.
The investigation revealed that the subject firm did not
import AC induction geared motors in 2006 or 2007, nor was there a
shift of production abroad during this period.
The Department of Labor surveyed the subject firm's major
customer(s) regarding purchases of AC induction geared motors in
2006 and 2007. The survey revealed that customer(s) did not
purchase imports during the relevant period.
The Department also investigated whether the petitioning group
of workers qualify as adversely affected secondary workers as
suppliers of component parts to a firm or subdivision primarily
affected by increased imports or a shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

The investigation revealed that criterion (b)(2) was not
been met.
The workers of the firm to which the subject firm lost
business are not certified eligible to apply for trade adjustment
assistance.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Emerson Motor
Company, d/b/a Hurst Manufacturing, Industrial Motor Division,
Princeton, Indiana, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974; do not
qualify as adversely affected secondary workers, under section
223(b) of the Trade Act of 1974; and are also denied eligibility to
apply for alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.
Signed in Washington, D.C., this 21st day of March 2008

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance